1. CALL TO ORDER.
Chairman Sanders called the regularly scheduled June 4, 2003,
meeting to order at approximately 1:30 p.m. Chairman Sanders noted
that a total of two items were to be considered under Public Hearing.
Recommendations to the City Commission are to be made by the Planning
and Zoning Commission for approval or denial of the requests.
The City Commission will consider these requests at its meeting
of June 24, 2003, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Glahn made a motion "TO APPROVE
THE AGENDA, AS WRITTEN". Seconded by Commissioner Goga.
All voted "AYE", passing the motion by a vote
of 3-0-0.

3. MINUTES OF MAY 7TH REGULAR MEETING,
AND JUNE 1ST INSPECTION TOUR, 2003. Commissioner
Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN".
Seconded by Commissioner Glahn. All voted "AYE",
approving the motion by a vote of 3-0-0.

4. PUBLIC HEARING.

A. CASE: V-03-0461(A). PETITIONER: Jessica
Schofield, owner. REQUEST: Approval of a variance of five feet
(5') from Section 29-03-030, of the Code of Ordinances of the
City of Alamogordo, New Mexico, governing side yards; which, if
approved, would allow a side yard of ten feet (10') on the street
side of a corner lot, rather than the fifteen foot (15') setback
required by Code. TOTAL AREA: ±0.21 acre. LOCATION: 1210
Mimosa. CURRENT LEGAL: Lot 60, Mission Hills Unit 2. CURRENT ZONE:
District "A" (Single Family Dwelling).

Mr. Dean Hunt reported that Jessica Schofield
owns Lot 60, Mission Hills, Unit 2. She wants to have a house
built on the property. The floor plan that she has selected will
not fit onto the property without a variance, therefore, she is
requesting a variance for the width of the street side yard setback.
This case was originally heard at the May 7, 2003, Planning and
Zoning Commission meeting. Due to confusion regarding the exact
amount of the side yard variance requested, the case was tabled.
Ms. Schofield has since determined that the original five foot
(5') side yard variance is the correct amount of the variance
needed. The property, 1210 Mimosa, is zoned "A" (Single
Family Dwelling) District. The 2000 Comprehensive Plan designates
this property to be developed as medium density (single family
urban). A side yard which is not less than fifteen feet (15')
wide is required on the street side of the building. The house
is to be constructed with a street side setback of ten feet (10').
Therefore, a variance of five feet (5) has been requested.
A variance to dimensional regulations may be granted where: (1)
such action will not be materially detrimental to the public interest;
and (2) such action, will not grant a discriminatory benefit to
the land owner and/or harm neighboring properties; and (3) such
action, owing to conditions peculiar to the property or the neighborhood
and not the result of actions or the situation of the applicant,
a literal enforcement of the Code of Ordinances of the City of
Alamogordo, New Mexico, and not in conflict with any other adopted
code, would result in practical difficulties or unnecessary hardship.
No justification of hardship, beyond the control of the applicant,
accompanied the application to support the requested variance.
As noted by a City Engineer, the purchase of a lot that does not
have the dimensional characteristics needed for a particular new
house plan should not be considered a hardship. Pursuant to Section
29-01-070(c), of the Code of Ordinances of the City of Alamogordo,
New Mexico, notice of the time and place of the public hearing
was advertised April 20, 2003, in the Alamogordo Daily News. Twenty-three
(23) notices were mailed to property owners within the 200 foot
legal protest area on May 17, 2003. No protests to the requested
variance had been received. The deadline for protests to be submitted
to the City Planner was 10:00 a.m. on June 4, 2003. Staff
could not recommend approval because a "hardship beyond the
control of the applicant" has not been shown.

No representative was available to speak
for the case.

The following items were discussed: the
square footage of the house was 1,242 square feet; a five foot
(5) variance was needed; there did not seem to be a visibility
problem; the possibility of facing the house another direction
would not correct the problem.

Commissioner Goga made a motion "TO
RECOMMEND DENIAL OF THE REQUESTED VARIANCE FOR CASE V-03-0461(A)
BECAUSE THERE IS NO HARDSHIP BEYOND THE CONTROL OF THE APPLICANT
THAT COULD BE SHOWN." Seconded by Commissioner Glahn.
All voted approving the motion by a vote of 2-1-0, with
Chairman Sanders voting against the motion.

B. CASE: M-03-0303(A). PETITIONER: City
of Alamogordo, owner, by Matt McNeile, Community Services Director,
agent. REQUEST: Approval of the full vacation and abandonment
of a six foot (6') wide cart path right-of-way easement within
the City of Alamogordo, pursuant to Section 67-2-6, NMSA 1978
(1999 Repl.). TOTAL AREA: ±646.32 square feet. LOCATION:
383 Eagle Drive. CURRENT LEGAL: Cart path between Lots 65 and
66, Desert Hills, Unit 2. CURRENT ZONE: District "A"
(Single Family Dwelling).

Mr. Dean Hunt reported that Christ Pell
& Jill Brown and Don A. and Virginia L. Crawford are adjacent
owners to a six foot (6') wide cart path located between Lots
65 and Lots 66, DESERT HILLS, UNIT 2. The cart path belongs to
the City of Alamogordo. The vacation and abandonment of the cart
path has been requested by the City of Alamogordo. The adjacent
properties, Lots 65 & 66, DESERT HILLS, UNIT 2, are zoned
District "A" (Single Family Dwelling District). The
2000 Comprehensive Plan designates this property to be developed
as residential. The City of Alamogordo or any owner of land abutting
a public way may petition the City for a formal determination
of abandonment or vacation of that right-of-way. The determination
must declare that the right-of-way is no longer be needed for
public purposes. Approval of any abandonment must include specific
provisions for the relocation of all utilities at the expense
of the property owners. There are no known public utilities utilizing
the cart path. The property is located within the jurisdiction
of the Alamogordo Municipal Airport Hazards Zoning Ordinance.
An Avigation Easement limiting vertical development to not more
than fifty feet (50') above ground level or 4,347, whichever is
less restrictive, is on file for the property. The level of improvements
abutting this property comply with the city's standards. Notice
of the time, place and purpose of the public hearing was advertised
on May 18, 2003, in the Alamogordo Daily News, and twenty (20)
notices were mailed to property owners within the 200 foot of
the public right-of-way on May 16, 2003. Three (3) protests to
the requested vacation and abandonment were received; however,
the deadline for the receipt of protests by the Planning Division
was 10:00 a.m. on June 4, 2003. Staff recommended postponement
of action on the application to the July 2, 2003, Planning and
Zoning Commission meeting, thereby allowing for review by the
new City Attorney.

Mr. Scott Tippin asked to speak regarding
the case since he was going to be on vacation on July 2,
2003. Mr. Tippin stated that he lived three houses down from the
right-of-way on lot 33. He stated he purchased his house in 1988,
and one of the reasons he purchased this house is because of the
right-of-way and the access to the golf course. He stated he did
not understand why this right-of -way was recommended to be vacated.
Mr. Tippin stated he had a petition with thirty seven (37) names
on the petition, and asked to read and submit the petition. Chairman
Sanders advised Mr. Tippin he was free to read the petition and
submit it. The petition read as follows: The purpose of this petition
is to protest the full vacating and abandonment of a six foot
(6) wide cart path right-of-way easement between lots 65
and 66, Desert Hills, Unit 2, 383 Eagle Drive, Alamogordo, New
Mexico. We, the undersigned, protest and object to the vacation
and abandonment of the six foot (6) wide cart path right-of-way
between lots 65 and 66, Desert Hills, Unit 2, 383 Eagle Drive,
Alamogordo, New Mexico. This cart path right-of-way was constructed
for the benefit of all people living in this housing area. It
has been in existence since at least 1988. Many of the residents
use this right-of-way on a daily basis, and do not have gates
or access to the golf course from their property. They rely on
this and other existing cart path right-of-ways to the golf course.
We believe this cart path right-of-way should remain in existence.
Chairman Sanders instructed Mr. Tippin to submit the petition
to Mr. Hunt.

Chairman Sanders asked if the tee box near
the cart path that was reconstructed has made the cart path unusable.
Mr. Tippin stated he used the cart path on a daily basis.

Mr. Whiteside asked to speak stating he
was present on behalf of owners of the house he was building on
lot 66. Mr. Whiteside stated he was in favor of vacating the right-of
way. He did not feel an electric cart could be used on the cart
path, and he had only seen one person use it while he had been
building the house. He felt the cart path was primarily used for
people to walk their dogs.

Commissioner Glahn made motion to "POSTPONE
CASE NO. M-03-0303(A) UNTIL THE JULY 2, 2003 MEETING.
Motion was seconded my Commissioner Goga. All voted "AYE",
approving the motion by a vote of 3-0-0.

C. CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.

5. REPORTS.

A. City
Planner.

(1) Mr. Hunt stated there will be two items
on the July Agenda.

CHAIRMAN  None

C. COMMISSION
- None.

6. PERSONS TO BE HEARD - None.

7. ADJOURNMENT
- There being no further business to come before the Commission,
Commissioner Goga made a motion "TO ADJOURN". Seconded
by Commissioner Glahn. All voted "AYE", passing
the motion by a vote of 3-0-0. The meeting adjourned at
approximately 2:10 p.m.